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Travel Ban Court Update on Family Members’ as “Bona Fide” Relationship

On Thursday, September 7, 2017, the 9th Circuit Court of Appeals let stand the Hawaii District Court temporary injunction against the Trump administration’s revised travel ban.  This ruling confirms that U.S. family relationships such as grandparents, grandchildren, brothers-and sisters-in-law, aunts, uncles, cousins, nieces and nephews are “bona fide” relationships and can continue to support visa applications and U.S. entry of citizens from the six banned countries of Iran, Libya, Somalia, Sudan, Syria or Yemen.  The Circuit Court also upheld the District Court’s ruling that refugees being assisted by a U.S.-based refugee resettlement agency possess a “bona fide” relationship to support entry.  The Court seemed particularly concerned about the vulnerability of refugees ordering the ruling take effect in only five days—a shorter time period than normal for such rulings. 

This ruling is only temporary as the ultimate legality of the complete, revised executive order will be heard by the U.S. Supreme Court on Oct. 10. 

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William L. Coffman

Special Counsel

William L. Coffman focuses on immigration and nationality law at Mintz. He represents clients on immigration matters before the US Citizenship and Immigration Services, the Department of Labor, and US and foreign consulates.